During the pandemic, the right to rent checks differed slightly to the norm, making it easier for current landlords to rent out their properties during a time where you couldn’t even hug your family or loved ones, let alone be in the same vicinity of potential tenants.
Pre pandemic, checking the right to rent was done by checking documentation face to face with potential tenants, however, a new ‘adjusted process was introduced during the pandemic to allow checks to be done remotely.
The following temporary changes were made on 30 March 2020 and remain in place until 30 September 2022 (inclusive):
checks can currently be carried out over video calls
tenants can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
landlords should use the Home Office Landlord Checking Service if a prospective or existing tenant cannot provide any of the accepted documents
Checking an individual’s right to rent during the temporary COVID-19 measures
Up to and including 30 September 2022, if you are carrying out a temporary adjusted check, you must:
ask the tenant to submit a scanned copy or a photo of their original documents via email or using a mobile app
arrange a video call with the tenant – ask them to hold up the original documents to the camera and check them against the digital copy of the documents
record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”
if the tenant has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system you can use the online right to rent service while doing a video call – the applicant must give you permission to view their details. From 6 April 2022, all biometric card holders will evidence their right to rent using the Home Office online service only. You will no longer be able to accept physical cards for the purposes of a right to rent check even if it shows a later expiry date.
Currently, the Right to Rent only applies in England as the right to rent rules have not been introduced in Wales, Scotland or Northern Ireland.
There are a number of check you can do while checking for your potential tenants right to rent:
Checks below have been repeated from Landlordlaw blog
The Home Office Right to Rent Service
This can be used where the potential tenant;
has a biometric residence card or permit
applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their identity document on their phone
The potential tenant will need to provide you with their date of birth and a ‘share code’ (which they can apply for online here) and you can then carry out the online check from this page.
If documents are held by the Home Office
if there is an application or appeal outstanding, you can request a Home Office right to rent check from this page.
The potential tenant will need to provide you with a Home Office reference number to do the check
Manually checking documents
You can always carry out the checks yourself by viewing the documents provided by applicants in a face-to-face meeting.
There is government guidance on the documentation, which includes images here. However, before doing anything, you should read the very detailed landlord’s guide to right-to-rent checks here.
You can then use the step-by-step guide which starts here.
If a tenant does not have the right documents
You must contact the Home Office Landlord Checking Service if the tenant cannot provide the right documents. Once you have submitted your request to the Landlord Checking Service you will get an answer within 2 working days. You must keep this response to protect against a civil penalty.
I have a tenant who doesn’t have right to rent
If this is the case and you need the tenant out, you don’t need to evict them unless the Home office tells you to). You’ll just need to report them to the home office using the form here
If the Home Office decide to take action, that is up to them. You will have done all that you need to do, however, keep a record of the report and the date it was submitted just in case.
If the Home Office decide that the tenant or occupier should be evicted, they will notify you in due course.
All information regarding right to rent in England can be found here on the Gov.uk website
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